Retailers appeal Cook County soda pop tax ruling

Eloi Lecerf
Agosto 2, 2017

In their appeal Tuesday of the lawsuit's dismissal, retailers say they doubt Judge Daniel Kubasiak used the correct standards in granting Cook County's motion to dismiss.

Another legal challenge has just been filed against the Cook County beverage tax.

It's now scheduled to go into effect Wednesday.

Sandoval said he's also apprehensive of the drop in sales for the three of his four stores located in Cook County.

The new filing before the Appellate Court of IL urges the court to "block implementation of the ordinance due to the lack of clarity in how to properly apply and administer the tax". Drinks in bottles, or from fountain machines, are taxable. But on-demand, custom-sweetened beverages, such as those mixed by a server or barista, aren't subject to the tax.

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Rob Karr, chief executive of the merchants association, said in a statement that the group is appealing "to protect retailers and consumers against this tax whose rules and regulations have continuously evolved throughout this process".

Retailers are urging the court to block the ordinance due to the lack of clarity in how to properly apply and administer the tax, he said.

The new tax will collect an extra penny per ounce of any drink sweetened with sugar or a substitute sold in Cook County, and is expected to raise $67.5 million in new revenue by November 30, according to county estimates.

In an article on the Cook County soda tax, Illinois Policy said that the tax makes soda sold in Chicago among the most expensive in the country.

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